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India Columns

Order XXIII Rule 3 of the Code of Civil Procedure, 1908 – Contemporary Doctrinal and Jurisprudential Analysis

Order XXIII Rule 3 of the Code of Civil Procedure, 1908 – Contemporary Doctrinal and Jurisprudential Analysis

Date: Sep 20, 2024
Compromise Decrees under Order XXIII Rule 3 CPC: Doctrinal Foundations, Jurisprudential Evolution and Contemporary Challenges Introduction Order XXIII Rule 3 of the Code of Civil Procedure, 1908...
Non-Payment of Consideration in Indian Contract Law: Validity, Remedies, and Restitution

Non-Payment of Consideration in Indian Contract Law: Validity, Remedies, and Restitution

Date: Sep 20, 2024
Non-Payment of Consideration in Indian Contract Law: Validity, Remedies, and Restitution 1. Introduction Consideration constitutes the “life-blood” of contractual obligations in India, being...
Article 129 Limitation Act Analysis

Article 129 Limitation Act Analysis

Date: Sep 19, 2024
The Conundrum of "Date of Resistance": Interpreting Article 129 of the Limitation Act, 1963 in Execution Proceedings Introduction The Limitation Act, 1963 (hereinafter "the Act") serves as a...
Vicarious Liability for Murder: Section 302 r/w 149 IPC

Vicarious Liability for Murder: Section 302 r/w 149 IPC

Date: Sep 19, 2024
Vicarious Liability for Murder: An Analysis of Section 302 read with Section 149 of the Indian Penal Code Introduction The Indian Penal Code, 1860 (IPC) codifies various offences and their...
Analysis of Section 270, Indian Succession Act, 1925

Analysis of Section 270, Indian Succession Act, 1925

Date: Sep 19, 2024
Jurisdictional Framework for Probate and Letters of Administration in India: An Analysis of Section 270 of the Indian Succession Act, 1925 Introduction The Indian Succession Act, 1925 (hereinafter...
Non-Solicitation Agreements under Indian Law: Enforceability, Scope and Drafting Considerations

Non-Solicitation Agreements under Indian Law: Enforceability, Scope and Drafting Considerations

Date: Sep 19, 2024
Non-Solicitation Agreements under Indian Law: Enforceability, Scope and Drafting Considerations 1. Introduction Non-solicitation covenants—contractual promises not to entice employees, customers, or...
Second Appeal Concurrent Finding Analysis

Second Appeal Concurrent Finding Analysis

Date: Sep 18, 2024
Interference with Concurrent Findings of Fact in Second Appeals: A Judicial Analysis Under Indian Law Introduction The appellate structure within the Indian civil justice system provides for multiple...
The Burden of Proving a Particular Fact: An Analysis of Section 103 of the Indian Evidence Act, 1872

The Burden of Proving a Particular Fact: An Analysis of Section 103 of the Indian Evidence Act, 1872

Date: Sep 18, 2024
The Burden of Proving a Particular Fact: An Analysis of Section 103 of the Indian Evidence Act, 1872 Introduction The Indian Evidence Act, 1872 ("the Act"), lays down the foundational principles...
Section 26 of the Indian Evidence Act, 1872: Confessions in Police Custody and the Magistrate Exception

Section 26 of the Indian Evidence Act, 1872: Confessions in Police Custody and the Magistrate Exception

Date: Sep 18, 2024
Section 26 of the Indian Evidence Act, 1872: Confessions in Police Custody and the Magistrate Exception 1. Introduction Section 26 of the Indian Evidence Act, 1872 (“Evidence Act”) embodies a...
Sub-Categorization in SC Reservations Upheld to Address Inequality within Communities- Supreme Court

Sub-Categorization in SC Reservations Upheld to Address Inequality within Communities- Supreme Court

Date: Sep 18, 2024
The case of The State of Punjab vs. Davinder Singh revolves around the interpretation of the Constitution’s provisions regarding reservation benefits for Scheduled Castes (SCs) and Scheduled Tribes...
Analysis of Order XXIII Rule 1 CPC

Analysis of Order XXIII Rule 1 CPC

Date: Sep 17, 2024
An In-Depth Analysis of Order XXIII Rule 1 of the Code of Civil Procedure, 1908: Principles Governing Withdrawal and Abandonment of Suits in India Introduction Order XXIII Rule 1 of the Code of Civil...
Suspension Period Treated as Duty Period in India

Suspension Period Treated as Duty Period in India

Date: Sep 17, 2024
The Legal Framework for Treating Suspension Period as Duty in Indian Service Jurisprudence Introduction Suspension from service is a common feature in employment law, representing a temporary removal...
Co-Owner Cannot Transfer Entire Undivided Joint Property Without Partition: Supreme Court

Co-Owner Cannot Transfer Entire Undivided Joint Property Without Partition: Supreme Court

Date: Sep 17, 2024
The Supreme Court while hearing a matter related to the transfer of a property ruled that a co-owner cannot sell the entire undivided property without first figuring out each co-owners portion under...
Presumptions of Fact under Section 114 of the Indian Evidence Act: Judicial Trajectories and Contemporary Applications

Presumptions of Fact under Section 114 of the Indian Evidence Act: Judicial Trajectories and Contemporary Applications

Date: Sep 17, 2024
Presumptions of Fact under Section 114 of the Indian Evidence Act: Judicial Trajectories and Contemporary Applications Introduction Section 114 of the Indian Evidence Act, 1872 (“Evidence Act”)...
Presumptions of Life and Death under Sections 107 and 108 of the Indian Evidence Act

Presumptions of Life and Death under Sections 107 and 108 of the Indian Evidence Act

Date: Sep 17, 2024
Presumptions of Life and Death under Sections 107 and 108 of the Indian Evidence Act, 1872: Doctrinal Foundations, Judicial Trajectory, and Contemporary Applications 1. Introduction Sections 107...
Dowry Death Conviction Unsustainable Without Proof of Dowry Demand Under Section 304B IPC: Supreme Court

Dowry Death Conviction Unsustainable Without Proof of Dowry Demand Under Section 304B IPC: Supreme Court

Date: Sep 17, 2024
In a landmark ruling, the Supreme Court of India overturned the conviction for dowry death under Section 304B of the Indian Penal Code, emphasizing the need for clear evidence of dowry-related...
Section 114 Indian Evidence Act

Section 114 Indian Evidence Act

Date: Sep 17, 2024
The Scope and Application of Section 114 of the Indian Evidence Act, 1872: A Judicial Analysis Introduction Section 114 of the Indian Evidence Act, 1872 (hereinafter "the Act") occupies a pivotal...
NDPS Conviction Overturned Due to Evidence Contradictions and Procedural Failures- Gauhati High Court

NDPS Conviction Overturned Due to Evidence Contradictions and Procedural Failures- Gauhati High Court

Date: Sep 17, 2024
This case involves Md. Manirut Jaman, the appellant, who was convicted under the *Narcotic Drugs and Psychotropic Substances Act, 1985* (NDPS Act) by a lower court in Assam. He challenged his...
Analysis of Section 306 Cr.P.C.

Analysis of Section 306 Cr.P.C.

Date: Sep 17, 2024
An Exposition of Section 306 Cr.P.C.: The Law of Tender of Pardon to Accomplices in India Introduction Section 306 of the Code of Criminal Procedure, 1973 (Cr.P.C.) embodies a critical, albeit...
Compromise in the Appellate Court: Procedural Rigour and Substantive Limits in Indian Law

Compromise in the Appellate Court: Procedural Rigour and Substantive Limits in Indian Law

Date: Sep 17, 2024
Compromise in the Appellate Court: Procedural Rigour and Substantive Limits in Indian Law Introduction Compromise constitutes a pivotal adjudicatory device by which parties terminate litigation...
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